Some of the most important court cases about free speech, copyright, and music licensing involve prominent rappers. From 2 Live Crew to Outkast, Eminem to the Beastie Boys, and Kanye West to Timbaland, you’ll never be able to listen to these songs again without thinking about the lawsuits they generated.

Girl, you know you ain’t right
You was out with my boy last night
That takes a load off my mind
Now I know the baby ain’t mine
O-o-o-o-oh, two-timin’ woman

In 1994, the Supreme Court of the United States handed down its decision in Campbell v. Acuff-Rose Music, Inc., a case involving Florida rap collective 2 Live Crew. After members of the group – Luke, Fresh Kid Ice, Mr. Mixx, and Brother Marquis – composed, published, and performed “Pretty Woman,” they were sued for copyright infringement by the owners of various copyrights in Roy Orbison’s 1960s rock ballad “Oh, Pretty Woman.” Lawyers for 2 Live Crew argued that the fair use doctrine, which permits the limited use of copyrighted material without acquiring permission from the copyright holder, protected 2 Live Crew from liability for copyright infringement.

The Supreme Court held that 2 Live Crew’s use of Roy Orbison’s song may be considered fair, but it sent the case back to the lower courts for further proceedings. It is believed that the parties ultimately agreed to a license for the continued performance and sale of the song. This decision is noteworthy for its discussion of what constitutes a parody for purposes of the fair use doctrine. And because 2 Live Crew’s lyrics are included as an appendix to the Court’s opinion, the colorful verses of “Pretty Woman” can now be found in every major law library in the United States.

2 Live Crew wasn’t the only southern rap group to wind up in court over one of their tracks. In Parks v. Laface Records, Rosa Parks sued Outkast for using her name as the title of the Home Of The Brave song, “Rosa Parks.” The civil rights icon, whose courageous acts sparked the Montgomery bus boycott of 1955, claimed that Outkast had infringed her trademark in her name and violated her right to publicity by using her moniker as a song title without asking for permission. The case made its way through the courts for more than six years, having been dismissed and re-filed at least once before the parties settled in 2005. Shortly before Parks died, her niece stated in an interview with Billboard Magazine that Rosa “would never, ever go to [such] length to hurt some young artists trying to make it in the world.” Many believe that dementia played a role in Parks agreeing to file the suit during the last years of her life.

Cause I don’t really think that the fact that I’m Slim matters
A plaque and platinum status is wack if I’m not the baddest,

When you download a song from the iTunes Store, do you own it? How much does the recording artist get paid out of the $1.29 you spent? These questions were at issue in F.B.T. Productions v. Aftermath Records, a dispute over the royalties owed to Slim Shady. Eminem prevailed when the court ruled that permanent downloads through third-party distributors (such as iTunes) are not sales, but rather licenses. Thus, Aftermath Records was forced to pay Eminem a higher royalty rate under the contract applicable to distribution of his music. If you think you own what you “buy” from the iTunes Store, think again. Instead, you have a license to play the downloaded music. This is why Apple can impose restrictions on your use of the material, like limiting the number of devices from which you can access a particular song.

If you can feel what I’m feeling then it’s a musical masterpiece
If you can hear what I’m dealing with then that’s cool at least
What’s running through my mind comes through in my walk
True feelings are shown from the way that I talk

Let’s travel from 8 Mile over To the 5 Boroughs, as we take a look at Newton v. Diamond. In 2003, legendary New York City trio the Beastie Boys were the defendants in a landmark decision about the licenses required to sample instrumentals. Adam “MCA” Yauch, Adam “Ad-Rock” Horovitz, and Michael “Mike D” Diamond prevailed against composer James Newton after he brought an infringement action based on the six-second flute sample used in “Pass the Mic.” The Beastie Boys had obtained a license to use the sound recording of Newton’s song “Choir” for the track, but did not get a license in the composition of the musical work. The court held that “Beastie Boys’ use of three notes separated by a half-step over a background C note” was not enough to sustain a claim for copyright infringement.

Ray Charles “I Got a Woman” is by far the most prominent sample in Kanye West’s triple-platinum anthem “Gold Digger.” A song this popular is a target for copyright infringement litigation, however, and the children of musician David Pryor (of Thunder & Lightning) seem to want a piece of the proverbial pie. Earlier this year, Kanye West was hit with a multimillion-dollar lawsuit alleging that he illegally sampled Pryor’s “get down” chants from his 1974 song “Bumpin’ Bus Stop.” The case is still active, so we’ll have to wait and see who’ll prevail in the case of “Gold Digger” vs. gold diggers.

Timbaland produced much of Nelly Furtado’s chart-topping 2004 album Loose. One song by the Canadian songstress generated a lawsuit. Timbaland allegedly used elements of a song (also a remix) by Norweigian artist Glenn Rune Gallefoss on an album called “AcidJazzed Evening.” When the owners of the copyright in “AcidJazzed Evening” sued Timbaland, the case was dismissed on a technicality. Because the owners did not register their copyright in “AcidJazzed Everything” with the Copyright Office, they were not entitled to bring an action in federal court. As a result, the court never reached the “Do It” sampling question in Kernel Records Oy v. Moseley.

Despite suggestions to the contrary, rappers and producers are not “above the law.” They are often hit with lawsuits related to their music, as well as their live performances, contractual rights and obligations, and prenuptial agreements. We’ll cover those some other time.

Natalie Nicol is a recent graduate of UC Hastings College of the Law. She lives in San Francisco with her dog Cleopatra, where she is currently studying for the California Bar Examination. You can follow her on Twitter at @natnicol.